N.Y. Comp. Codes R. & Regs. tit. 6 § 701.20

Current through Register Vol. 46, No. 45, November 2, 2024

Section 701.20 - Purpose

(a) The discharge restriction categories may be assigned to:

(1) waters of particular public health concern;

(2) significant recreational or ecological waters where the quality of the water is critical to maintaining the value for which the waters are distinguished; and

(3) other sensitive waters where the department has determined that existing standards are not adequate to maintain water quality.

(b) Waters of particular public health concern may include:

(1) waters within a 60-day water time-of-travel of unfiltered public water supply intake points;

(2) public water supply watersheds with reservoirs experiencing accelerated eutrophication;

(3) groundwaters requiring such protection as specified in watershed rules and regulations or wellhead protection programs; and

(4) marine waters certified by the department for taking of shellfish.

(c) Significant recreational and ecological waters may include:

(1) wild and scenic rivers designated as per ECL 15-2701 and Part 666 of this Title;

(2) critical aquatic habitat for fishes, amphibians, or aquatic invertebrates listed as endangered, threatened, or of special concern in Part 182 of this Title;

(3) State park waters;

(4) State and Federal wildlife management area waters;

(5) groundwaters and surface waters tributary to and within freshwater wetlands designated class I pursuant to Part 664 of this Title;

(6) classified waters within intertidal marsh and coastal fresh marsh tidal wetlands designated as per Part 661 of this Title;

(7) waters protected under the Constitution of the State; and

(8) pristine, minimally impacted waters with a diversity of naturally reproducing aquatic species.

(d) Other sensitive waters may include:

(1) recreational waters where accelerated eutrophication threatens current and future use of the waters;

(2) waters where physical accumulation or bioaccumulation of contaminants produce water use impairments;

(3) small trout spawning streams; and

(4) waters with little assimilative capacity due to natural background conditions or human activities.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 701.20